this post was submitted on 08 Jan 2024
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I doubt they did the 'rewrote this text like this' prompt you state. This would just come out in any trial if it was that simple and would be a giant black mark on the paper for filing a frivolous lawsuit.
If we rule that out, then it means that gpt had article text in its knowledge base, and nyt was able to get it to copy that text out in its response.
Even that is problematic. Either gpt does this a lot and usually rewrites it better, or it does that sometimes. Both are copyright offenses.
Nyt has copyright over its article text, and they didn't give license to gpt to reproduce it. Even if they had to coax the text out thru lots of prompts and creative trial and error, it still stands that gpt copied text and reproduced it and made money off that act without the agreement of the rights holder.